Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine
Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whethe...
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Online Access: | http://www.utrechtlawreview.org/articles/10.18352/ulr.243/ |
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doaj-58ddbc9a85654ba3aeea3188dbc71c592020-11-25T03:38:41ZengUtrecht University School of LawUtrecht Law Review1871-515X2013-09-0194688910.18352/ulr.243233Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights DoctrineDanielle Ireland-Piper0Bond UniversityUnder international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the abuse of rights doctrine in providing a paradigm through which to conceptualise these problems and help protect fair trial rights.http://www.utrechtlawreview.org/articles/10.18352/ulr.243/extraterritorialcriminaljurisdictioninternational lawabuse of rights |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Danielle Ireland-Piper |
spellingShingle |
Danielle Ireland-Piper Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine Utrecht Law Review extraterritorial criminal jurisdiction international law abuse of rights |
author_facet |
Danielle Ireland-Piper |
author_sort |
Danielle Ireland-Piper |
title |
Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine |
title_short |
Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine |
title_full |
Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine |
title_fullStr |
Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine |
title_full_unstemmed |
Prosecutions of Extraterritorial Criminal Conduct and the Abuse of Rights Doctrine |
title_sort |
prosecutions of extraterritorial criminal conduct and the abuse of rights doctrine |
publisher |
Utrecht University School of Law |
series |
Utrecht Law Review |
issn |
1871-515X |
publishDate |
2013-09-01 |
description |
Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the abuse of rights doctrine in providing a paradigm through which to conceptualise these problems and help protect fair trial rights. |
topic |
extraterritorial criminal jurisdiction international law abuse of rights |
url |
http://www.utrechtlawreview.org/articles/10.18352/ulr.243/ |
work_keys_str_mv |
AT danielleirelandpiper prosecutionsofextraterritorialcriminalconductandtheabuseofrightsdoctrine |
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